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Sexual Harassment in the Nightclub Industry

New York City Lawyers Skilled in Gender Discrimination Claims

Sexual harassment in the nightclub industry is common. Many people find themselves forced to smile in the face of humiliating sexual comments or gestures because "the customer is always right." It can be difficult, for example, for a bartender to stand up for him or herself in the face of repeated sexual harassment from customers because his or her wage and ability to make a living depend at least partly on tips from customers. If a manager refuses to step in or is the source of the harassment, the bartender or other nightclub worker may feel he or she has no recourse to justice. At Phillips & Associates, our sexual harassment attorneys understand the tremendous strain on New York City employees in the nightclub industry. We provide aggressive representation for victims of any gender.

Protecting Your Rights as an Employee in the Nightclub Industry

According to Title VII of the Civil Rights Act of 1964, sexual harassment is a form of gender discrimination occurring in the workplace. Some new laws are also finding sexual harassment when there is a relationship of trust existing between doctor and patient, attorney and client, landlord and tenant, and so forth.

Actionable sexual harassment may include requests for sex, sexual bribery, unlawful touching, sexist comments, or sexual joking. The sexual harassment can be either quid pro quo or through a hostile work environment. Quid pro quo harassment exists when someone with authority over you, such as an owner or supervisor, explicitly or implicitly offers to take or refrain from taking a particular employment action toward you in return for a sexual favor. For example, if your boss says you will be promoted to "bartender" from "bar back" if you sleep with him or her, this is quid pro quo harassment. Hostile work environment happens when sexual conduct or comments are so severe or pervasive that they interfere with someone's ability to perform a job. In New York City the standard for a hostile work environment is less than the state and federal’s “sever or pervasive standard.

A hostile work environment can also arise if the management acts such that an employee must quit. For example, if a waitress reports that customers are sexually assaulting her and the management's response is to cut wages, transfer the employee to another nightclub that is very far away, or condition the job on tolerating sexual assault, this may be a hostile work environment.

You can potentially recover damages from the employer in a sexual harassment case. If the employer knows about the harassment, he or she should stop it from continuing. However, holding an employer liable can be more challenging when a customer is the person engaging in the harassment.

Workplace sexual harassment plaintiffs may be able to recover some combination of compensatory damages, emotional damages, and punitive damages. Compensatory damages are items such as loss of employability, lost wages, or other economic damages. Emotional damages include pain and humiliation. Punitive damages are only awarded in cases where the harassment is truly egregious.

Consult a Dedicated Sexual Harassment Attorney in New York City

Sexual harassment in New York's nightclub industry can cause real harm to those working in the industry. If you were subject to harassment, you may be entitled to damages. In most cases, employers in New York City deny liability for gender discrimination, so you may need an experienced lawyer on your side. Call us at (833) 529-3476 or contact us through our online form to set up a free appointment. We serve employees across the five boroughs of Manhattan, Queens, the Bronx, Brooklyn, and Staten Island.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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